New top judge calls for judicial reforms

JEFFERSON CITY, Mo. -- The Missouri Supreme Court's incoming chief justice pledged on Wednesday to push for an expansion of the system under which some judges are appointed rather than elected.

Judge Ronnie L. White, who takes over as the court's leader on Tuesday, said running for the bench in some of Missouri's more populous counties is becoming increasingly expensive, which can create the appearance of impropriety.

"Some of those judges spent over $100,000 to get elected, which is a lot of money" White said. "They have to get that money from lawyers who will appear in front of them."

Since the 1940s state appellate judges and trial judges in the St. Louis and Kansas City areas have been chosen through a nonpartisan process that has become the national model for judicial selection.

However, circuit judges in most of the state are still chosen through standard partisan elections.

White identified three counties -- Greene, St. Charles and Jefferson -- where he believes the nonpartisan system should be adopted, but said he would support other areas of the state where there is backing to consider it.

"I would encourage it in those counties who feel like they have grown to a point and are large enough that the voters really don't know the judges who are running for election," White said. "It is open to any one that wants to do it."

The Missouri Constitution authorizes any judicial circuit to opt into the nonpartisan plan through a public vote.

Limited 'Missouri plan'

Like in all Missouri areas outside St. Louis and Kansas City, judges in the 32nd Judicial Circuit, which includes Cape Girardeau, Perry and Bollinger counties, are elected.

Circuit Court Judge William Syler finds it ironic that something known nationally as the "Missouri plan" doesn't apply statewide.

"The nice thing about it is it would take politics out of judicial selections," Syler said. "Judges shouldn't be political animals, but in some respects we are forced to be. Generally, I would be in favor of it, but I don't think that is going to happen."

Syler, a Republican, said local voters like electing their judges and are knowledgeable of who is serving on the bench, unlike in urban jurisdictions.

Under the plan, nonpartisan commissions made up of lawyers, judges and laymen pick three finalists for a judicial vacancy. The governor must make his appointment from that list. Nonpartisan judges periodically have to stand for retention, when voters mark their ballots "yes" or "no" on whether judges should keep their jobs.

Circuit Court Judge John Heisserer, a Democrat, said the partisan election process works well in rural circuits but agreed with Syler that it carries some downsides.

"I wish judges could run without party labels," Heisserer said. "The system as it is now doesn't allow for that. You have to be of one party or another."

Heisserer was appointed to the bench by Gov. Bob Holden earlier this year to fill a vacancy. He will have to stand for election in 2004.

"This is a great job that I really enjoy, but I don't enjoy the politics, frankly," Heisserer said. "The fact of the matter is running for office involves a tremendous distraction from my duties as judge."

The fund-raising requirements of running for office also make him uncomfortable, he said.

Perry County Prosecuting Attorney Thomas Hoeh said there has been occasional talk about the 32nd Circuit joining the nonpartisan plan, but nothing serious. Hoeh said it is important for judges to be directly responsible to voters for their actions.

"Particularly on criminal matters, I want a judge who has to answer to the local electorate as to why he is too lenient or too harsh," Hoeh said.

mpowers@semissourian.com

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